N-400: Outside US for more than 6 months.

B

bearblue

Registered Users (C)
My mom got her green card Feb 2003, but was out of country for almost 1 year - she returned in Feb 2004.

We don't have extensive papers that prove she was trying to maintain residence - she obviously has no tax returns/permanent home/driver license etc..
All her sons were in US - so having all relatives in US would be the only thing she could claim.

My question:

Should we wait until Nov 2008 (3 months before Feb 2009 - 5 years to requirement), or should we go ahead and file now?

What happens if we file now and they deem that my mom broke the continuous residency requirement? If we apply now, the odds are that the interview process will not be till Jan 2009.


When the interview happens in Jan 2009, can they reject the application and ask you submit a completely new N-400? That would be bad!

At interview in Jan 2009, If they ask us to wait till Feb 2009, it won't be too bad!
 
I would wait another 3 months and then apply since you are almost there. You don't want to shoot youself in a foot.

If IO picks on residency requirment and you can't prove it otherwise they will deny the case and she has to re-apply. means pay another $675 and all the additional fees.
 
When she eventually applies, does she have any proof of residence to take for the IV like maybe a state id card at least ? Perhaps you should add her name to the rental lease or have some utility bill in her name (like trash service or newspaper etc). This way she will have some paperwork to prove her residence
 
I don't have any bills/ID cards in her name.

I have her medical insurance papers which show her address and her social security card which was mailed to this address.

Does USCIS ask for documents such as utility/electricity bills with the address to prove it?
 
Bear,
No they don't ask for utility bills. What you have is more than enough to prove her residence. You gave the impression that she has no such proof of living at that addr. So please ignore those tips since it is not needed in her case when she has other proof.
 
If your mother got her green card in Feb 2003 she is approaching 6 years in the country in Feb 2009. If she came back in Feb 2004 she is eligible to apply using the 4 years + 1 day rule which means she has an issue free application.
 
When the interview happens in Jan 2009, can they reject the application and ask you submit a completely new N-400?
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I would wait. They could reject the application during the interview. Whether to submit a new N-400 is only up to the applicant, not up to them.
 
ftm said:
If your mother got her green card in Feb 2003 she is approaching 6 years in the country in Feb 2009. If she came back in Feb 2004 she is eligible to apply using the 4 years + 1 day rule which means she has an issue free application.
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However, this is not so clear. She left the US very soon after getting the green card, so they could say she did not begin to establish residence until Feb 2004 (yes there is a case on this forum of being denied for that reason). So the 4 year + 1 day rule doesn't necessarily apply here because that isn't exactly the same thing as breaking residence.

Since November 2008 is so close, why not just wait for then and use the usual 5 year minus 90 day rule instead of risking it by applying now.
 
Jackolantern-

You made some good points, I agree waiting to meet the 5 year minus 90 days mark is smart.
 
My Dad has a similar situation except that we have already applied for him. He was out from Feb 2003 to Feb 2004. We applied for his Citizenship October 2007. He was interviewed in July, but he has a followup interview scheduled on August 28th - he was told that he would have to produce documents clarifying his stay out of the country for more than 6 months from Feb 2003-feb 2004.

My understanding is that they are looking for things such as Tax/rent/mortgage payments or ent stubs. etc. He does not have any of them.

While he was out of the country, he was looking for jobs in US. He ended up working from May 2004-May 2007 for one of the places where he was looking. I have asked him to collect letters from all the prospective employers he contacted.

Any suggestions on what else he could produce? Here are some thoughts.

1. Some other post mentioned having family ties. All his sons (including me) are 30-40 years of age and we have all been here for last 5 years. Would any documents from his sons help? If so, what?

2. How about postal mail in his name at my US address while he was away?
 
bearblue said:
What is the 4 years + 1 day rule?

I always thought the rule is 5 years - 90 days....
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If you break continuous residence AFTER having previously established permanent residence, you are eligible to apply for citizenship 4 years + 1 day after the day you returned to the US from the trip that broke continuous residence instead of the normal 5 year - 90 days rule.
 
bearblue said:
What is the 4 years + 1 day rule?

I always thought the rule is 5 years - 90 days....
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When you break continuous residence, they allow you to become eligible for citizenship by redoing 4 years + 1 day of residence since the last long overseas trip instead of having to restart the whole 5 years minus 90 days from scratch.

However, in your mother's case the 4yr rule probably will not apply, because her situation with that long trip shortly after GC approval may be seen as beginning continuous residence late, rather than establishing residence for some time and then breaking it. So she should wait 5 years minus 90 days since her last trip to be safe (although she could gamble and apply now and see what happens).
 
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bearblue said:
1. Some other post mentioned having family ties. All his sons (including me) are 30-40 years of age and we have all been here for last 5 years. Would any documents from his sons help?
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Adult sons? I don't know.
2. How about postal mail in his name at my US address while he was away?
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Maybe, if it is a bill of some sort (credit card, cell phone, etc.) or a bank statement.

If I were him, I'd ask them to grant a "continuation" to re-interview him in Feb 2009 or later to re-evaluate his 5 years of residence starting in Feb 2004, in order to avoid denial and having to reapply. That way the residence issues are behind the 5 year window.
 
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You mean he should go to his August 28th interview and if they decline his application, ask for "continuation"?

Or should he skip the interview and ask for "continuation". What would be the process to ask for this "continuation" if he didn't go for his interview?
 
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